-----Original Message-----

From: Papier, Joel (NIH/OD)

Sent: Friday, February 14, 2003 2:07 PM

To: List ICTRAVELPOC-L

Cc: Stith, Kenneth (NIH/OD); Koitz, Barry (NIH/OD); Howard, Florence (NIH/OD); Papier, Joel (NIH/OD); Hargett, Kathleen (NIH/NCI); Frasier, Diane (NIH/OD); Weker, Laurie (NIH/OD); Robertson, Paul (NIH/OD)

Subject: Transmittal No. 76 - Use of Appropriated Funds for Light Refreshments

Importance: High

All,

Recently, this office received Comptroller General Decision B-288266, January 27, 2003.

In that decision, the GAO has ruled as follows: "GSA does not have the authority to permit agencies to use appropriated funds to pay for employees' food and refreshments except as part of an employee's travel subsistence allowance. 5 U.S.C. 5702. Certifying Officers should not rely on GSA's travel regulation on conference planning to authorize light refreshments at conferences for employees in nontravel status. Agencies (and their accountable officers) should rely on existing, relevant statutory authority as interpreted by the Comptroller General".

In addition, we've received a GSA Travel Advisory No. 7. To summarize this advisory, GSA plans to discuss a favorable resolution w/ the GAO, which could involve amendment of the affected portions of the FTR and related guidance. In the interim, agencies are advised that providing light refreshments during conference breaks cannot be provided to individuals in a nontravel status at Government expense under the authority of the FTR.

Therefore, until we hear further word from GSA, the policies and procedures contained in NIH MC 1500-04-10(C) regarding the use of appropriated funds to provide light refreshments, are rescinded. In 1500-04-10(C), the applicable paragraph includes the words, "pending release". Please note that this HHS travel chapter has been published on line as 1-20-20 and will be updated accordingly.

On a related matter, this office will revise the Entertainment Matrix which was distributed to the community through your Executive Officers in July of 2002.

Finally, the use of procurement mechanisms, e.g., IMPAC Purchase Card, Logistical Support Contract, etc. to pay for light refreshments w/ appropriated funds in line w/ the above referenced NIH travel policies and procedures, must be discontinued.

Please make wide dissemination of this information.

Should you have any questions, I can be reached on 496-4379.

Joel